ATLANTA - Fulton County District Attorney Paul Howard says his office is looking at three possible charges against the officer who killed Rayshard Brooks as they review evidence in the case: murder, felony murder and voluntary manslaughter.
"We are examining all of the evidence and circumstances in the case", Howard said during an appearance on FOX Business Monday. He indicated a decision on whether to file criminal charges against former Atlanta Police Officer Garrett Rolfe could come midweek. Rolfe shot and killed Brooks in a Wendy's parking lot In southwest Atlanta Friday night.
Officer Garrett Rolfe (Atlanta Police Department)
"What the law says is at the time that shot was fired, what we have to determine based on the perception of a reasonable officer is whether or not Mr. Brooks, at that time, posed a serious threat of bodily harm or death to that officer or someone else," Howard said.
Prosecutors are reviewing restaurant surveillance and police dashcam videos of the violent struggle between Rolfe, APD officer Devin Brosnan and Brooks the
night of the shooting, along with other evidence.
In the video you see Brooks take an officer's taser. He appeared to fire it as he ran.
Howard said, "The taser is something that happened in this case and is certainly one of the factors we have to consider, but what we are focused upon is the moment of the shooting. He was shot twice and we are looking at the circumstances that occurred at that moment."
In a report on Sunday's autopsy, the Fulton County Medical Examiner told FOX 5 that the 27-year-old man's cause of death was "from two gunshot wounds to his back that injured organs and caused significant blood loss."
Rayshard Brooks, 27 (Photo: Family).
The Georgia Bureau of Investigation is investigating the incident and will turn over its findings to the Fulton County DA'S Office.
On Saturday Howard issued a written statement saying in part, "My office has already launched an intense, independent investigation of the incident. Members of the Fulton County District Attorney’s Office were on scene shortly after the shooting, and we have been in investigative sessions ever since to identify all of the facts and circumstances surrounding this incident."
APD placed Officer Brosnan on administrative duty after the shooting and Howard says he may also face charges.
Officer Devin Brosnan (Atlanta Police Department)
"Yes, we are looking at the conduct of both officers in this circumstance, and when we reach our conclusions as I indicated on Wednesday, we will reach conclusions regarding both officers."